Can’t Sleep? Guest was injured, and you don’t know what to do? This book can answer those questions for you.

An injured guest is everyone’s business owner’s nightmare. What happened, how do you make sure it does not happen again, what can you do to help the guest, can you help the guests are just some of the questions that might be keeping you up at night.

This book can help you understand why people sue and how you can and should deal with injured, angry or upset guests of your business.

This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you keep your business afloat and moving forward.

You did not get into the outdoor recreation business to worry or spend nights staying awake. Get prepared and learn how and why so you can sleep and quit worrying.

                                      Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    Pre-injury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

             $99.00 plus shipping

I’m at the Summer Outdoor Retailer Tradeshow See you there?

I was honored by Outdoor Retailer Celebrating 35 years of the Community that Show has Created

I was honored by @OutdoorRetailer in their publication Celebrating  Thirty-Five Years of the People and Passions that Turned an Industry into a Community.

My fellow community members included such luminaries as Peter Kray, Larry Harrison, Yvon Chouinard, Steve Barker, Carson Stanwood, Chad Gallwitz, Sally McCoy, Casey Sheahan, Chris Goddard, Bill Gamber, Peter Metcalf, Conrad Anker, Jen Taylor, James Edward Mills, my good friend Marcus Woolf, and many others. I was truly honored to be included in such a community of people, industry heavy hitters and just plain famous people.

There may not be any real reason to go to the semi annual show you might think, but the feeling of not going, of missing those friends you only see once or twice a year will always bring you back to the show. Where else are you going to get started, get that first interest from a retailer or the media about your idea. Most importantly where else are you going to become part of the outdoor industry.

I remember in 1999 after the tornado had turned the show tents into a field of liter, I worried about what was going to happen to the show. I had worked on several people in the aftermath, including the man who died. I was worried the show would not go on, and I would leave Salt Lake and have no support for my feelings or issues.

I was able to talk to Dr. Eric Weiss, of Adventure Medical Kits who assured me that I had done everything I could to save the people I worked on. I was interviewed by Fred Knapp (Sharp End Publishing) for an article about the tornado, and he asked me one question. I just started talking until I was worn out. It was Outdoor Retailer therapy in a booth. Both would have been difficult if not impossible at home and nowhere could I be in a group of people that understood. I felt safe at a trade show; such a crazy statement. Yet no other industry would even come close to being able to support that statement or feeling of safety. Yet it is the basis for the success of Outdoor Retailer. Because the outdoor industry is a community.

From the thumping of the people, waiting to get on the show floor before the doors opened in Reno and the founding and growth of ORCA (now OIA) to the trying to find a cab and a drink in the first couple of years in Salt Lake, the show has continuously provided an environment to meet, learn, greet and love the people in the outdoor industry community.

It might be the lack of suits. It might be because most of the items on the show floor are for fun. It might be walking the aisles is an Easter egg hunt, looking for that next great idea or invention. It might be because you can have a beer with your friends. I think the biggest reason for the community is smiles. You walk down the aisles of the show floor and you see smiles. Big grins as old friends or just semi annual friends are seeing each other again.

Now it is moving to Denver; If I miss a show, it will only because I’m being recycled in a corn field.

Thank Doug Schnitzspahn (the hardest working man in outdoor media) for finding me on the show floor. Thank you Emerald Expositions and Outdoor Retailer for your help, support and smiles.

So you are moving to a new town. You are worried about wither or not you will fit in and what the other kids are going to say about you when you get there?

Have no fear, Denver is a pretty easy place to fit in, especially if you are wearing climbing, skiing or any outdoor gear. You look out in street clothes in a lot of cases.

First thing you need to know, Marijuana, nothing else I really need to say.

Lot of more information after that sinks in.

Downtown streets do not run north or south. The streets run NW – SE and NE – SW.  So North and South directions down town will be confusing, but only in the downtown.

If you get lost, the mountains are to the west. At night, the big dark areas (or a big cross) are to the west.

Free Mall Shuttle: Go 2 blocks east out the front door of the convention center and you can catch a free shuttle that runs
up and down the
16th street mall. On the shuttle you can access about all the rest of downtown quite easily. (You are not allowed to skateboard or rollerblade on the mall. If you get caught you get a ticket unless you are in your 40’s or above where the cop just looks at you like you are an idiot and that says something about your age, IQ and don’t let him catch you doing this again.) The shuttle goes all the way to the RTD Light Rail station at Union Station where you can catch the A-Line to the airport.

BEER it’s real in Colorado and it has alcohol in it. Not only that you can order two at a time!!!!

Mixed Drinks, they are poured by a person and you can have two at a time.  You can even have 10 at a time if you want. A nice tip and a smile can do wonders for your drink. Meaning if the bartender does not move the bottle after the ounce has poured, you get to drink it the extra that comes out. No magic state government finger stops the flow of Wild Turkey! (I try and drink what I am!)

Colorado does not track the waiters or waitresses who serve liquor either so you don’t have to feel like you are being watched when you have a drink.

MarijuanaYup!  thought I would repeat it just for the fun of it. Smile

Cowboy hats can still be seen around town, but they are fading. Big belt buckles, (or as a friend of mine calls them
tombstone for a dead d@$k) are harder to find, thank heavens.

Vehicles & Denver: The city of Denver sees vehicles as another way to make money. They have traffic camera’s
everywhere and will issue tickets for anything, such as being in the crosswalk ($75.00). Even parking in the convention center parking garage with a tire on the yellow parking line is $75.00. Don’t drive in Denver, if you have to move around, walk or take a Pedicab or light rail. There are two pedicab companies I think Denver Pedicabs LLC and Mile High Pedicabs.

I’ve driven to Downtown Denver twice in 12 years and gotten a ticket each time. I don’t drive downtown. In fact I avoid downtown Denver. The most over the past five years I’ve been downtown is for the SIA show. If I do have to go I take RTD
Light rail
. See the map below.

B-Cycle: The easiest way to get more than a block from anywhere downtown is to rent a bike at a Denver B-Cycle Station. The easiest way is to go to the website and download the app.  The app can tell you where the stations are and how many bikes are there. Using the kiosks is easy. Find the bike you want to ride and with your cell phone number and credit card you’ll be riding in 90 seconds. There is a station right next to the light rail station at the convention center.  You can buy a 24 hour ticket which allows you to ride in multiple 30 minute increments. Check the bike back in after 30 minutes, eat dinner, get another bike and ride home.

If you get in a jam, etc., call the B-cycle number (303)825-3325. The staff is awesome and will solve your problem.

Lodging: Lodging should not be a problem in Denver. The best deals might be away from downtown. If that is the case find a hotel that is on RTD light rail. Walkout of the convention center at night, turn left and there is a light rail station and you can go anywhere. (Well not Boulder yet.). The W line has a stop behind the Sheraton which is a great hotel with a dozen bars within walking distance. (My favorite is Chad’s across the street. Use my name, it will make the staff laugh…….) There are five or more nice hotels on the E & F lines going south. Also a couple on the H & R lines, but those would be long rides.

Also south on the C or D line at the Osage Station is the Buckhorn Exchange. It serves a lot of local wildlife as food and has Colorado Liquor license #1 (this is not the place for vegetarians.)

Cycling & lodging or just cycling: If you want to ride a bike the convention center is one block to an entrance to the Cherry
Creek Bike Path. That bike trail goes South East to Aurora and Northwest to REI. At REI,  or Confluence Park, you hop on the South Platte River Trail you can ride south to Littleton or North to almost Thornton. From the North part of the South Platter River Trail you can intersect with the Clear Creek Trail and ride to Golden. By the next year you’ll be able to ride to Utah if you really want to.

Airport (DIA):   It’s big and confusing.  The best way to get downtown is on the light rail. Come off the airport train, up
the escalators and if you turn right to the end of the hall and follow the signs to the train.

Cabs are about $35, the airport is a long way from downtown. Shuttles are much cheaper. Rental cars are on the airport and still a long way away. There is no walking across the street to pick up your care. This is a big city with a big city airport. At the same time, it will be easy to get here with Five big runways.

If you have a hotel downtown, get off the A Train to the airport and walk to the free 16street mall shuttle to get to your

Sports: Denver has every professional sports team. During the summer show you can walk to a Rockies game and in the winter to a Nuggets game. You can see indoor and outdoor Lacrosse, Soccer, Ice Hockey at different levels of play, etc., etc., etc.

COPS: You are going to see more, especially along the 16th street mall. They’re there for you. They’ll be friendly and help you out. Do something stupid or take a swing at one and you’ll find concrete is the safest part of the street! And don’t call me. Don’t be dumb and the Denver Police Department has great employees.

Costs: Hotels downtown are the same price as hotels at SLC during the show. But you’ll be paying rack rates not some you’re here so we raised the price cost. You can’t smoke in any hotel room, marijuana or other products. If you do, you’ll find a monster charge on your cleaning bill when you get home. Just like trying to steal stuff from the mini-bar. You’ll probably be
able to use your hotel points and booking rewards, hopefully.

Strip joints. There are several down town and you get to see things, just not use your imagination. If you want to see
everything, you can’t drink.

Jail: got me, I don’t do criminal work and using my name won’t get you anything except a higher bond or my jail time.

Other Activities: You already know about them because this is your industry and your sport.

There are no dress codes in any restaurant in Denver. So you can fit in whatever you are wearing at the show. Here are some notes that will make your first day of school or Outdoor Retailer easier.

I am curious where the outdoor demo is going to be held. There are three big lakes on the outskirts of Denver and several small ones in Denver. Winter I’d guess Echo Mountain just outside of Evergreen, Loveland or Eldora ski areas.

More coming. Stay Tuned or send me your questions.

 Denver Light Rail Map



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Author: Outdoor Recreation Insurance, Risk Management and Law

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By Recreation
Law         James H. Moss




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Trade Show season for the outdoor industry is starting. The big question: What is the future of tradeshows?

Tradeshows make a statement as well as keep an industry going. We need tradeshows.

No denying that tradeshows are having issues. The numbers of attendees are dropping and the numbers of people who are “buyers” are disappearing.

However, it does not matter how many people show up at a tradeshow as long as the right people show up.

I believe in National tradeshows.

They are important because they allow small new businesses to introduce themselves to the world. Jetboil and Vibram Five Finger shoes are recent examples. Those are designs or ideas that could not make it without an introduction to a national audience. You can get lucky and have a magazine or website put your product out there, but a tradeshow is your best bet. In fact, most magazines go to tradeshows to find those new great items.

Yes, there are other shows besides a national trade show, consumer shows, rep shows, etc.. However, finding and exhibiting at those shows for a new manufacturer is difficult and expensive. For the rep shows if you don’t have a rep, you can’t get a booth. Very few reps are going to pick up an unknown line. Consequently, the new manufacturer has no way to get his product introduced to the masses without a national show.

A national show gives a new product or a new company the opportunity to reach national retailers, national media and the world.

Legal & Risk Management reasons for Tradeshows

Tradeshows also allow manufacturers and retailers to exchange ideas, which make the industry better. Tradeshows allow interaction between parties, which raises the standard of care for an industry.

Risk management ideas are exchanged between everyone at tradeshows. Everyone attending learns something and sometimes one thing is enough.

Tradeshows allow “old guys” to talk about their past, how the mountain was higher and the snow was deeper on every peak we climbed.

Sales ideas are traded at tradeshows.

Retailers leave tradeshows with new ideas on how to sell new and old products. One retailer tells of their success with a marketing idea to an exhibitor, and that exhibitor passes the ideas on.

This occurs when reps are in their territories, but not as consistently, and they are sometimes forgotten in those long drives from one store to the next.

Tradeshows provide tons of benefits.

Tradeshows also make statements. A tradeshow tells the industry it is vibrant and healthy. It generates interest both in the attendees and those that do not attend and consumers. Big trade shows get consumers online because they know they can see the latest and greatest.


Tradeshows cost a lot of money, to put on and to attend. That amount is relative. If it costs too much to attend you don’t go, and if it costs too much to put on, you won’t.

SIA suffered major traffic loss when the show moved to Denver. Compared to Las Vegas, Denver is a very expensive town to fly into and stay. Salt Lake City has the same reputation during OR week. I know a few retailers who have given up and just fly in and fly out the same day, if the come at all.

And those of you that argue one city is better than another to host a trade show, there is really only cost issue. Yes, Las Vegas sucks to bicycle around, but you are not spending big bucks to go cycle. Inside the tradeshow the air, the lights and the exhibits, all seem to be identical in Denver, Las Vegas and Salt Lake City. It does not matter where the tradeshow is located as long as it works for the attendees.

Not Exhibitors? If you get enough buyers, the exhibitors will show up on mars.

·         The cost for retailers has to make sense.

·         The time to register and book a trip, including lodging has to be easy.

·         The tradeshow has to occur at a time when the retailers know how much money they will have to spend next year and what sold and did not sell this year.

·         The exhibitors must have a value in attending the tradeshow and that means a bottom line they make more money than they spend.

I don’t have any answers really. I do have concerns. I believe we need trade shows for more reasons than just buying and selling. At the same time, without buying and selling there is no reason for a tradeshow.

See you at the next tradeshow.

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I can’t believe attorneys write these lines, which means injured people sue because their attorneys can see the stupidity in the release. Alternatively, probably the release was not written by an attorney but cobbled together from stuff the operation owner finds on laying around the office.

Here are some specific lines from releases that I found quite interesting.

COMPANY DOES NOT SUPPLY HELMETS.  This followed a paragraph requiring you two initial twice that climbing without a helmet is dangerous.  I do not know for sure, but I suspect the company supplies ropes.  I have yet to see a climbing wall that did not.  I also suspect that the company also rents shoes or harnesses.  I have yet to see one that did not offer those either for a fee or for free.  However, the piece of safety equipment that they admit in writing is necessary they do not provide!

Does anyone else see anything wrong with this?  You state in your release a helmet is a necessary piece of climbing safety equipment, and you do not provide the helmet.  Next time someone has a head injury hand them the keys to the building and tells them to forward your mail.  You can rent a car without seatbelts; you can rent a boat without a life jacket, and you can run a climbing wall without helmets!

In that regard, I have also seen climbing gyms require you to sign a release if you do not want to use a helmet.  The release outlines the dangers of not using a helmet, and you are strongly encouraged to wear a helmet.  When you ask for one, they charge you a rental fee.  IF YOU RUN AN OUTDOOR RECREATION BUSINESS, YOU BETTER PROVIDE THE REQUIRED SAFETY GEAR FOR FREE!  No judge is going to allow that release to stand, where you waived the use of a helmet if you charged for it.  That would be like renting canoes or kayaks without supplying life jackets.  Inline skates without pads and helmets or bicycles without helmets.

We will provide the Release; you provide the Boats!

I just came back from the big industry trade show where all the new gear is displayed each year.  A company that puts on tradeshows hosts the event.  One day was a “demo day” on the lake.  Most of the boat manufacturers and many other exhibitors had their boats on the lake to be tested by retailers.  To enter the site you had to sign a release.  After signing the release, you received a little wristband that allowed you to walk around and test boats.


Now I am sure that a good defense attorney would piece together the list of people covered by the release and argue either the Exhibitors were covered or that the words “sponsors, advertisers, or others associated with the Exhibition” covered the exhibitors.  However, it could be a little tough.  In all the documents presented by the tradeshow company about the event, the referred to the people in booths and at the demo as Exhibitors.  Because the Exhibitors are the people with the real risk, you would want them covered.

One release could cover everyone.  You would not want to sign a different release for each exhibitor; you would have writer’s cramp and never be in a boat.  Adding the term exhibitor to the list of terms describing the people to be covered would have been easy.  Adding the term exhibitors, boat manufacturers and other persons displaying product or offering products for use at the event would have been better.

Because water was involved, I would also suggest adding a few rules the participants should be required to follow.  “I agree to wear a PFD (personal flotation device or life jacket) whenever I am demonstrating any vessel on the lake.”  I agree to follow the directions and recommendations of the manufactures in regard to the operation of their vessels while testing any vessel on the lake.”

Manufactures, who paid to be there, where there, with their collective wallets blowing in the wind.  As a manufacture, you should make sure you’re covered when in any situation like that.  Ask for a copy of the release in advance and make sure your assets are protected.

Other Great Lines in Releases

Other than Gross Negligence. Releases in all states do not stop claims for gross negligence. Because the releasor is worried people will not like their release, they attempt to soften the document by telling signors what the release won’t cover: gross negligence. Consequently, even the dumbest attorney the injured guest sees can figure out how to beat the release. Sue for gross negligence. Even if the law is fuzzy in a state, the release says you can’t sue me for gross negligence.

That is like locking the door but keeping the key to the door outside so anyone can unlock the door!

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Summer Outdoor Retailer 2013 Review

Most Exhibitors had a good show despite the fact many slept on floors

Summer Outdoor Retailer 2013 is over. Overall attendance was down (no matter what the reports) but the majority of exhibitors I talked to had a good show. Some a great show.

It does not matter how many people attend, as long as the right people attend.

Attendance did jump around 4:30 Pm every day when the free beer would flow. It was sort of comical to be standing in an empty aisle and see the aisle fill up slowly, all with people holding beer.

New Stuff

GCI Outdoors

Ever thought you would take a rocking chair with you. GCI Outdoors Figured it out.


The rocker rests on a flat base and works off a pivot. The control is based on two shock absorbers on the back. It was very comfortable, and hard to get out of. You sat down and started to rock and relax!


The Thule booth looked like it belonged at Interbike. Besides a lot of bike accessory bags Thule had 2 new bike “boxes.” Both used an integrated bike stand to hold the bike. When you got to your destination you could pull out the stand and use it to put your bike together and tune your bike.


Mountaineers Books

Mountaineers Books had a display of the Legends and Lore series. If you can read and love great mountaineering literature pick up these books. Mountaineers has grabbed and republished some of the greatest books of our time.


Mad Water

Mad Water has a waterproof bag that zips. I’ve owned one for a year and fell in love with it. The zipper is tight and tough but not so tough you are worried about tearing the bag apart. The bags also have a purge value which makes getting the air out easy. Right now the bags with zippers are small but the line is getting bigger.



Ever heard of Rola? Me either but one thing caught my eye, their hitch mount. Every state has a law that says anything extending beyond the back of the taillights by more than 36 inches must have a light or a red flag. All those bike racks, cages, boxes, etc., except this one will set you up for a ticket. Rola integrated taillights into their box. Really smart move.

I suspect a lot more people are going to know Rola in the future.



Sawyer has done it again. Sawyer was the first company to make a water filter using kidney dialysis technology. Nothing is a smooth, slick or safe as Sawyer’s filters. They have a new filter that is smaller and even easier to use. It will wear out after 100000 gallons…..


The beautiful girl does not come with the filter. You are on your own for that.

Blue Ridge Chair Works

The best item at the show for those of us more attuned to football and beer, or softball and beer, or just beer. Blue Ridge Chair Works has integrated a bottle opening on the bottom side of their chair seats. Sit in a very comfortable chair, reach under the seat and your beer is open. Slick. I have one of the older models which is too comfortable. I got a hand held model….bottle opener.


Here are some other things which I’m not sure how to comment on……

Float down the river or on the lake and relax…


Rowing frame for SUP’s that moves your feet not your butt?


Over all a good show if you had a hotel room. If you did not, the show was a nightmare. But then any time you are in Utah and part of the outdoor recreation industry you are not sure how the world turns backwards.

Support the Southern Utah Wilderness Alliance to help offset Outdoor Retailer putting money into the pockets of people opposed to outdoor recreation.

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